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Fairness, Judgment, and Due Process: Lessons from Military Justice

  • Writer: Josh Homan
    Josh Homan
  • Jan 27
  • 2 min read

Part 3 of the "Military Leadership and Local Government" Series


In my previous posts, I explained how my experience as an Army company commander prepared me to lead and administer a large organization. Another lesser-known but equally relevant part of a commander’s job is performing judicial duties under the Uniform Code of Military Justice (UCMJ).

Many people don’t realize that military commanders routinely act in a judicial role. As a company commander, I presided over disciplinary matters and ensured fairness, due process, and accountability within my unit.



Judicial Responsibility as a Commander

Under the UCMJ, commanders are entrusted with handling a range of disciplinary and legal matters. That responsibility required me to:

  • Review evidence

  • Listen to all sides

  • Follow established procedures

  • Apply rules consistently

  • Make decisions that could seriously affect a person’s career and family


These weren’t abstract exercises. They involved real people, real consequences, and real moral responsibility. The position demanded judgment, restraint, and fairness—the same core qualities expected of any civilian judge.



Fairness and Due Process

One of the most important lessons I learned is that authority must always be balanced with fairness.

Every soldier, regardless of rank or reputation, deserved to be heard and treated with dignity. I had to make sure procedures were followed, rights were respected, and decisions were based on facts—not emotion, pressure, or favoritism.


That commitment to due process is not optional. It is the foundation of trust in any justice system, military or civilian.



Making Hard Decisions About Real People

Judicial decisions are never just about rules on paper. They affect lives, families, and careers.


I had to weigh accountability against understanding.


Punishment against rehabilitation.


Order against leniency, and consider the effects my judgment would have, both good and bad, on my unit as a whole.


Some decisions were unpopular. Some were uncomfortable. But avoiding hard choices only creates bigger problems later.


Those experiences reinforced that a judge’s role is not to be liked—it is to be fair, consistent, and principled.



Parallels to Civilian Judicial Service

While the military justice system is different from the civilian courts, the skills required are remarkably similar:

  • Listening carefully and fully considering the facts and circumstances.

  • Evaluating evidence objectively

  • Applying rules consistently

  • Respecting due process

  • Understanding the human impact of decisions


Those are not skills you improvise. They are learned through responsibility and experience.



Why This Matters for a County Judge

The county judge is entrusted with legal authority that affects individuals, families, and the broader community.


That responsibility demands someone who understands that judicial power must be exercised carefully, fairly, and consistently.

My experience under the UCMJ taught me how to handle that kind of authority with care, respect for the law, and respect for the people it serves.


 
 
 

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